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2023 07 27 WS Minutes MINUTES OF THE REGULAR WORK SESSION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN July 27, 2023 The City Council of the City of Baytown, Texas, met in a Regular Work Session on Thursday, July 27, 2023, at 5:34 P.M. in the Hullum Conference Room of the Baytown City Hall at 2401 Market Street, Baytown, Texas, with the following in attendance: Laura Alvarado Council Member Sarah Graham Council Member Kenrick Griffith Council Member Heather Betancourth Council Member Jacob Powell Mayor Pro Tern Mike Lester Council Member Brandon Capetillo Mayor Jason Reynolds City Manager Scott Lemond City Attorney Angela Jackson City Clerk Mayor Capetillo convened the July 27, 2023, City Council Regular Work Session with a quorum present at 5:34 P.M., and with all members present. 1. CITIZEN COMMENTS Mayor Capetillo announced a citizen, Ms. Wendy French,had signed up to speak on the item. Ms.French introduced herself and shared that she was present on behalf of the Best Friends Animal Society in Houston. Their organization had been working with the City of Baytown for several years to get a Community Cat Program. She relayed Baytown citizens wanted that type of program and strongly encouraged the Mayor and City Council to place the ordinance on their next agenda. Mayor Capetillo announced a citizen, Ms. Sophia Proler,had signed up to speak on the item. Ms. Proler was also present on behalf of the Best Friends Animal Society and discussed House Bill (HB) 3660. The bill codified in to law that trap, neuter, vaccinate, and release as a legal and humane method of controlling outdoor cat populations. It passed in the Texas State Legislature in June and had excited communities in Texas to support Community Cat Programing. Thus, Ms. Proler relayed they strongly recommended to put the ordinance change on Council's next agenda. 2. DISCUSSIONS a. Discuss and con§ider revisions to Chapter 14 "Animals" of the City of Baytown Code of Ordinances. Health Director Tony Gray presented the item to Council.He relayed his presentation would cover the proposed revisions to Chapter 14 "Animals" of Baytown's Code of Ordinances as well as the City Council Regular Work Session Minutes July 27,2023 Page 2 of 7 revisions to their Community Cat Program (CCP). Staff would receive Council's comments and direction which would then be submitted to the Legal Department for a thirty (30) day review. After that review, the matter would be brought back in September for Council's approval. Mr. Gray presented the proposed revisions to the Animal Ordinance as follows: Purpose-Proactive ordinance review to address current operational needs and potential future planning for a Community Cat Program(CCP). Timeline • April 20, 2023-Animal Control Advisory Committee (ACAC) Meeting introduced proposed re- vision to address operational needs and future CCP. • May 10, 2023-Special ACAC Meeting with open discussion on proposed revisions. • July 20, 2023-ACAC Meeting to approve the revisions from the Special Meeting in May. Intention and Goal • Minor Changes in Ordinance Language(Clean-Up) • Proposed Changes in Fees • Creation of a Community Cat Program In the next two section,Mr. Gray gave the following reasons as to why the changes were proposed and what those changes were. Definitions and Language • No Longer Needed • Does Not Reflect Recent Legislative Changes • Operationally Inconsistent • Does Not Address Legal Concern Proposed Changes • 14.1 Definitions-Abandoned Animals - Current Language Covered Under 14-4 - Clarity and Specifics • 14.4 Certain Offenses - Minor Change: `Person' to `Owner' - Review Other References to `Person' • 14.8 Certain Animals Restricted - Remove(b)-language added to address potential annexation issues.Mr.Gray relayed this has not been needed or utilized and was impractical for them to enforce. • 14.12 Unlawful Restraint of Animal - Updated to Reflect Recent Legislation • 14.36 Impoundment ofAnimals - Minor Change to(a): remove 'or any police officer.' - Add Section(c):to a di dress prisoner or detained person's animals. • 14.37 Impoundment ofAnima by Individuals - Removed this section because it was unnecessary and impractical to enforce. • 14.38 Redemption or Adoption of Impounded Animal - Updated to Include, `Business,' to Add Clarity • 14.153 Dangerous Dog Hearing - Revised to Comply with Recent AG Opinion City Council Regular Work Session Minutes July 27,2023 Page 3 of 7 Feedback Mr. Gray proceeded to inquire for Council's feedback on the proposed changes he presented thus far. Council Member Lester questioned if there was a reason for taking "or any police officer"off of Chapter 14.36 "Impoundment of Animals."Mr. Gray replied that they had it in there to clarify who should impound the animal. He relayed there was a challenge sometimes with it being that late at night as the shelter was a secure facility. While this was not to say that they could not get in the facility, Staff felt like there was a better way to handle the impoundments. Next, Council Member Lester shared that he was concerned about prisoner detainment and taking their animals within three (3) days. He advised that because pets were considered property in the State of Texas, they needed to be careful with that. Mr. Gray noted that was the reason why they needed to get with their Legal team to look at that and to see their options. After addressing other questions of clarification on what was presented, Mr. Gray proceeded to discuss fees. Fees • 3 years since last update, except on quarantine fees. • Do not even minimally cover operational costs for the service or enforcement. TYPE AVG CURRENT PROPOSED SHELTER Dangerous Dog Annual $67 $50 $100 Registration Nuisance Dog Annual N/A $50 $100 Registration Owner Animal Surrenders $38.33 $0 $50 Stray Animal Surrenders $25 $0 $25 Kennel License Fees N/A $50/$100 $100/$150 <11 Dogs and 11-19 Dogs Quarantine Fees $115 $75 $150 Quarantine $25 $50 Daily Boarding,Care, and $9/Day $5/Day For 10 Days $10/Day For 10 Days Feed Feedback Mr. Gray inquired for Council's feedback on the proposed revisions to the fees. Council Member Graham was hesitant on the owner and stray surrender prices. She questioned if Staff believed that would deflect people from bringing in strays or owner surrenders. She made note of the issue of dumped animals and wondered if this would cause an even bigger issue. Mr. Gray noted that Staff had talked about that issue and were trying to de-incentivize that. However,he did agree with her point and noted that if this would not work, Staff had no problem bringing something else back. City Council Regular Work Session Minutes July 27,2023 Page 4 of 7 Council Member Powell shared the same concerns on the fees for surrenders. He reasoned that the fee on owner surrenders could be something they could monitor and bring back if they needed to adjust that. However, for the stray animal, he was much more opposed to that. Mayor Capetillo agreed. Council Member Graham noted that if she were not an elected official and knew that she would be charged, she would just say her animal was a stray. As such, she was opposed to both of those fees for owners and strays. Council Member Alvarado questioned what was the ultimate goal for adding those two the fees? Mr. Gray replied it was from an operational standpoint and time. Council Member Lester also opposed both of the fees and questioned how that would modify their operational demand. Mr. Gray answered they were trying to control the numbers coming in and manage the intake. The basis for it was to slow down the flow as they were thirty percent (30%) over capacity, or more. Council Member Lester noted charging a fee for the unwanted would en- courage people to just kick them out the door. In turn, that would directly have a negative impact on their operational demand. While expressing great reluctance, Council Member Lester stated he would support if they had to euthanize animals because they were overwhelmed. However, Council Member Lester stated he could not support the lack of customer service by always telling people that they were full. Animal Control was a tax-based operation,not a humane society funded by private funds. They had citizens that needed services which they had to provide. He understood Staff was trying to slow the volume and were trying to be "no-kill." He was still, however, opposed to the fees as they would cause more problems. With that, Mr. Gray continued to present the proposed revisions to their CCP as follows: Purpose-To reduce uncontrolled breeding of cats and reduce the stray cat population. Holistic Approach Sanctuary •Least Impact=Least Resources and Relocation Rescue and Adoption •Traditional focus,but not the biggest band for the buck. Trap-Neuter-Return •Essential,but still reactive. Owned Cat Spay/Neuter •Most Impact=Most Resources Animal Control Advisory Committee(ACAC)Member Dr. Francisco Alvarez was invited to walk through and discuss with Council the visual above from a veterinarian perspective.After,Mr. Gray i roceeded with the presentation to discuss the following discussion topics: Cat Concerns • Increasing Stray Population • Residents' Complaints of Nuisance Cats City Council Regular Work Session Minutes July 27,2023 Page 5 of 7 Current Program • Operated by Best Friends and Volunteers • 419 Cats"Vetted"In 2021 During 6-Month Pilot Project • Has Been an Ad-Hoc Effort Since That Ended • Estimated Cost Per Cat$13 (Excluding Vet Services/Labor) • 72 Known Current Cat Colonies Future State • Creation Process: First 6 Months - 6-month partnership between Best Friends and the City of Baytown's Animal Services. - Best Friends would cover vet cost and servicing costs,core vaccines,controlled drugs,and consumables. - Best Friends would provide CCP training to City Staff. - The City would allow the use of its surgical suite for the CCP spay/neuter process. - The City's Volunteer Supervisor acts as liaison to assist and coordinate servicing with a designated Best Friends representative, a Community Cat Coordinator. • Creation Process:After 6 Months - After the initial 6-month program, it is proposed that the City of Baytown's Animal Services Division would assume administration of the program. - The City's Volunteer Supervisor would continue as a liaison to assist and coordinate with the designated Best Friends' Community Cat Coordinator. - Best Friends' designated Community Cat Coordinator would be responsible for the trapping, delivering of cats for service, and returning the cats after recovery. • Resources Needed - Best Friends would fund and manage the Community Cat Program for 6-months. After that,the City would need to commit to: • Contracting a vet to service community cats and all of the City's owned animals. • The City's Volunteer Supervisor would absorb the duties related to coordinating the volunteers in the Community Cat Program. • No new positions. Current budget would be used for the vet position, medical supplies,and services. - Impact of Partnership with Best Friends • More cats sterilized and vaccinated. Slows population growth. • Best Friends would train City Staff in the management of the trap, neuter, vaccinate,and release program for long-term sustainability. • Fewer cats euthanized. Aligns with "no kill" goal and more positive work environment for Shelter Staff. • High likelihood of identifying a contract with a veterinarian to service community cats as well as the shelter's cats and dogs. • Ordinance Changes - Nuisance cats would be defined as a cat that: • Roams and is not microchipped or fixed; • Causes damage to property(urinating, defecating,or destroying vegetation); and • Causes a disturbance by provoking other animals. - Creation of an ordinance to make it unlawful to feed stray cats outside of a Community Cat Colony. • Feeding contributes to breeding and unmanaged population growth. City Staff would work with known feeders and target known feed locations for trapping. • Definitions - Community Cat: any domestic cat, with no indication of ownership, that lives primarily outside and has an eartip. City Council Regular Work Session Minutes July 27,2023 Page 6 of 7 - Community Cat Caregiver: any person who provides care, feeds, or shelters a community cat, while not being considered the owner, harborer, custodian, possessor, or keeper of a community cat under this ordinance. Community Cat Caregiver shall not be subject to provisions of this ordinance directed toward owners and owned animals unless deemed a nuisance. - Eartip:under veterinarian services of sterilization of a cat,the tip of the left ear is removed indicating that the cat is a community cat and is sterilized and vaccinated. • Community Cat Program - (a)A community cat that has been impounded which has already been ear-tipped shall be returned immediately to the location at which it was found,unless deemed a nuisance. - (b) Community cats shall not be exempt from the provisions of statute or this ordinance applicable to the prohibition on cruelty to animals; provided however, the return of a community cat to the location at which it was found or humanely trapped,House Bill(HB) 3660 allows a trap,neuter,release program to return community cats to trap location. - (c) Community cats, being unowned as defined herein, shall not be subject to provisions of this ordinance applicable to owned animals,unless deemed a nuisance. - (d)Community cats shall be eligible for return unless deemed a nuisance. • Address Potential Nuisance of a Community Cat - 1st time: return to same colony with a microchip. - 2nd time: move to a different colony. - 3rd time: remove it from the City. • Implications of Not Implementing - Continued Increase in Uncontrolled Breeding - Continued Complaints About Stray and Nuisance Cats Feedback Mr. Gray requested for the Council Members' feedback on the information presented. Council Member Betancourt inquired over the presented definition of a "nuisance cat." Mr. Gray replied that they needed a definition for a nuisance cat for responding to complaints.They needed a stand- ard of what that would be, and what was presented was the proposed definition. Council Member Betancourt relayed she was interested in knowing what the pros and cons were. She did not see anything wrong with the definition; however, she knew that there was contention over it. On that note,Mr. Gray and Interim Assistant City Manager Carol Flynt discussed over the Animal Control Advisory Committee's (ACAC) concerns. Ms. Flynt noted that feeding was the biggest issue with citizens who were trying to be nice to the cats. Staff felt that presented a problem be- cause they were feeding and not sterilizing.Thus,that put the cats back in to the cycle of breeding. Council Member Graham noted that a citizen contacted her about not wanting cats to be deemed a nuisance. She also prompted a discussion about cat colonies because she wondered how they could stop people from continuing to introduce cats to the colonies. Council Member Lester dis- cussed over the cat colony situation and noted that was why they needed to address the human side of it. Feeding creates an environment that supports a greater number of cat . It perpetuates the problem,but he underiftood that people were trying to do the humane thing. On the "nuisance" definition issue, Council Member Lester shared that he did not like"nuisance cat"nor"nuisance dog."What he would like to see was a"nuisance animal,"so they could address that from a holistic standpoint.He noted that if a cat was running loose and was not causing anyone any problems, who cares? If it caused a problem, then they had to address it. He was opposed to City Council Regular Work Session Minutes July 27,2023 Page 7 of 7 random trappings and euthanasia.With that settled,he stated that he liked the comments made and the proposed changes to nuisance cats.However,if Council would be more comfortable with send- ing this back to the Board to have them hash it out, he was fine with that too. Considering their discussion, Mayor Capetillo relayed they needed a recommendation from the ACAC. He would not put this item on the next agenda because they were not ready. They would address this issue when there was a complete package ready to be considered by Council. Council Member Alvarado requested that the package included detailed costs of running that program once Best Friends stepped away. 3. ADJOURN With there being no further business to discuss,Mayor Capetillo adjourned the July 27,2023, City Council Regular Work Session at 6:31 P.M. 1. CO ft4 1) Angela kson, ty cle ,�%` 4 •I wr City of Baytown Kiki aim�� °aa oanw°S it